USA v. Hunt Building CO., Ltd
Filing
16
STIPULATION and ORDER by Magistrate Judge Craig B. Shaffer on 10/28/14 Between Plaintiff United States of America and Defendant Hunt Building Co., LTD, GRANTING 12 Motion for Order To Enter Settlement. (nmarb, )
Case 1:14-cv-02202 Document 2-1 Filed 08/07/14 USDC Colorado Page 1 of 9
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-2202 -CBS
UNITED STATES OF AMERICA,
Plaintiff,
v.
HUNT BUILDING CO., LTD,
Defendant.
STIPULATION AND ORDER BETWEEN PLAINTIFF UNITED STATES OF
AMERICA AND DEFENDANT HUNT BUILDING CO., LTD
WHEREAS, Plaintiff United States of America, on behalf of the United States
Environmental Protection Agency (“EPA”), has filed a complaint in this action (“Complaint”)
pursuant to Sections 309(b) and (d) of the Federal Water Pollution Control Act, as amended by
the Clean Water Act of 1977 and the Water Quality Act of 1987 (the “Clean Water Act” or
“CWA”), 33 U.S.C. §§ 1319(b) and (d), alleging that Defendant Hunt Building Co., Ltd. (“Hunt
Building”) failed to comply with the terms and conditions of its National Pollutant Discharge
Elimination System (“NPDES”) permit issued pursuant to Section 402 of the CWA, 33 U.S.C. §
1342, and for violations of administrative orders issued pursuant to Section 309(a) of the CWA,
33 U.S.C. § 1319(a);
1
Case 1:14-cv-02202 Document 2-1 Filed 08/07/14 USDC Colorado Page 2 of 9
WHEREAS,from approximately December 10, 2007 through January 26, 2010, Hunt.
Building engaged in demolition, construction, remodeling andlor renovation work, resulting in
the disturbance of at least 3~0 acres, at two housing areas known as Pine Valley and Douglass
'Valley (collectively, "Sites"), located on the United States Air Force Academy, in Colorado
Springs, Colorado;
WHEREAS,EPA inspections conducted at the Sites on May 5, 2008, July 24, 2008,
Apri128, 2009, and May 19, 2009, revealed numerous violations ofthe terms and conditions of
the NPDES permit (certification number COR10000F)issued to Hunt Building;
WHEREAS.in response to these violations, EPA issued to Hunt. Building an Order for
Compliance on July 3, 2008 and an Amended Order for Compliance on August 22, 2008;
WHEREAS,Hunt Building does not admit any alleged violations or liability to the
United States arising out of the transactions or occurrences alleged. in the Complaint or any other
violation ofthe Clean Water Act, the Order far Compliance, or the Amended Order far
Compliance;
WHEREAS,the United States and Hunt Building agree that settlement ofthe United
States' claims against Hunt Building, without further litigation, is in the public interest;
WHEREAS,the Parties further agree that the Court's approval of this Stipulation and
Order {"Stipulation") is an appropriate means of resolving the claims in this action;
NOW THEREFORE, before the taking of any testimony, without adjudication or
admission of any issue of fact or law, except as provided in Paragraphs 1-3, below, and with the
consent of the Parties,lT IS HEREBY ADJUDGED,ORDERED, AND DECREED as follows:
This Court has jurisdiction over the parties to, and the subject matter of, this
action pursuant to 2$ U.S,C. §§ :1.331, 1345, and 1355 and Section 33 U.S.C. § 1319.
2
Case 1:14-cv-02202 Document 2-1 Filed 08/07/14 USDC Colorado Page 3 of 9
2.
Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and 1395(a) and
33 U.S.C. ~ 1319{b), because it is the judicial district where Hunt Building conducts business
and where the alleged violations occurred.
3.
Hunt Building waives service of process in accordance with the requirements set
forth in the Federal Rules of Civil Procedure. Hunt Building will not be required to respond to
the Complaint filed in conjunction witk this Stipulation.
4.
Hunt Building sha11, within 30 days of the date this Stipulation is entered by the
Court, pay to the United States a civil penalty in the total amount ofthree hundred acid ten
thousand dollars ($310,000.00), together with interest accruing from the date on which the
Stipulation is entered by the Co~~t, at the statutory judgment rate established by 28 U.S.C.
§ 1961. The applicable rate of interest shall be the rate in effect at the time the interest accrues.
5.
The payment shall be made by FedWire Electronic Funds Transfer (``EFT") in
accordance with current electronic funds transfer procedures and reference DOJ Case No. 90-51-1-10123. The payment shall be made in accordance with instructions provided to Hunt
Building by the Financial Litigation Unit("FLU")of the United States Attorney s Office for the
District of Colorado. Upon payment, Hunt Building shall provide written notice of payment and
a copy of any transmittal documentation to the United States as provided below:
Chief,, Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
Ben Franklin Station, P.O. Box 7611
Washington, D.C. 20044-761.1
Chief,I~TPDES Enforcement Unit
Office of Enforcement, Compliance and Environmental Justice
U.S. Environmental Protection Agency, Region $
1595 Wynkoop Street
Denver, CO 80202-1129
Attn: Gwen Campbell(8ENF-W-NP)
Case 1:14-cv-02202 Document 2-1 Filed 08/07/14 USDC Colorado Page 4 of 9
(303) 312-6463
EPA Cincinnati Finance Center
26 Martin Luther King Drive
Cincinnati, Ohio 45268
and by email to acctsrecei~rable.CTNWWI~~,epa.~~,oti. The notice of payment shall reference the
civil action. number that the Court. assigns to the case and DOJ Case No. 90-5-1-1-10123.
b.
If the civil penalty is not fully paid within 3Q days ofthe date this Stipulation is
entered by the Court, Hunt Building shall pay a stipulated penalty of one thousand dollars
($1,000) per day for each day that the payment is delayed beyond the due date. Interest shall
continue to accrue on the unpaid balance of the civil penalty at the statutory judgment rate
established by 28 U.S.C. § 1.961. Stipulated penalties are due and payable within 30 days ofthe
date of the demand for payment. ofthe penalties by the United States. Penalties shall accrue as
provided. in this Paragraph regardless of whether the United States has notified Hunt Building of
the violation or made a demand for payment, but need only be paid upon demand. All penalties
shall begin to accrue on the day after payment is due and shall continue to accrue through the
date of payment.
7.
All payments required by this Stipulation are penalties within the meaning of
Section 1620 of the Internal Revenue Cade, 26 U.S.C. ~ 1620,and are not a tax deductible
expenditure far purposes of federa] law.
8.
The payment by Hunt Building under this Stipulation shall resolve the civil claims
of the United States far the violations alleged in the Complaint.
9.
The United States covenants not to sue or take administrative action against Hunt
Building pursuant to Section 309 of the Clean Water Act, 33 U.S,C. § 1319, for any civil
violations alleged in the Complaint.
Case 1:14-cv-02202 Document 2-1 Filed 08/07/14 USDC Colorado Page 5 of 9
10.
Tl~e United States reserves, and this Stipulation is without prejudice to, all rights
against Hunt Building with respect to all other matters not addressed in Paragraphs 8 and 9
abos~e, including, but not limited to, any criminal liability.
11.
Nothing in this Stipulation shall be construed to release Hunt Building or its
agents, successors, or assigns from their respective obligations to comply with any applicable
federal, state, or local law, regulation; or permit. Nothing contained herein shall be construed to
prevent or limit the United States' rights to seek penalties or injunctive relieffor any violations
offederal law other than those expressly addressed in Paragraphs 8 and 9, above.
12.
This Stipulation shall. be lodged with the Court for a period of not less than 30
days for public notice and comment in accordance with 28 C.F.R. § 50.7. The United States
reserves the right to withdraw or withhold its consent if the comments regarding the Stipulation
disclose facts or considerations indicating that the Stipulation is inappropriate, improper, or
inadequate. Hunt Building consents to entry ofthis Stipulation without further notice and agrees
not to withdraw from or oppose entry of phis Stipulation by the Court or to challenge any
provision of the Stipulation, unless the United States has notified Hunt Building in writing that it
no longer supports entry of the Stipulation.
13.
This Stipulation shall constitute an enforceable judgment for purposes of post-
judgment collection in accordance with Rule 69 of the Federal Rules of Civil Procedure, the
Federal Debt Collection Procedure Act, 28 U.S.C. ~§ 3001-3308, and other applicable authority.
The United States shall be deemed ajudgment creditor for purposes of collection of any unpaid
amounts of the civil and stipulated penalties and interest. Further. Hunt Building shall be liable
for attorney's fees and costs incurred by the United Stakes in any litigation to collect any amounts
due under this Stipulation but not paid by Hunt Building.
Case 1:14-cv-02202 Document 2-1 Filed 08/07/14 USDC Colorado Page 6 of 9
14.
Each party shall. bear its own costs and attorney's fees in this matter, except as
provided in Paragraph 13, above.
15.
The undersigned representative of Hunt Building and the Acting Assistant
Attorney General of the Environment and Natural Resources Division or his or her designee each
certify that he or she is fully authorized to enter into the terms and conditions of this Stipulation
and to execute and legally bind Hunt Building and the United States respectively, to it.
StJ ORDERED THIS 28th DAY OF October
.20 14
United States District Jude
District of Colorado
Craig B. Shaffer
United States Magistrate Judge
0
Case 1:14-cv-02202 Document 2-1 Filed 08/07/14 USDC Colorado Page 7 of 9
THE UNDERSIGNED PARTIES enter into this Stipulation and Order in the matter of United
States v. Hunt BuildingCo., Ltd.
FOR THE UNITED STATES OF AMERICA:
r
DATE:~ C~ 5 I '~
_
NATHANIEL DOU AS
Deputy Chief
Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Departure o Jus 'ce
S
Y D.
LEMAN
Trial Attorney
Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 7611, Ben Franklin Station
Washington, D.C. 20044
{202)305-0302(voice)
(202)616-2427(f~)
stacv.coleman~a),usdoL~ov
Case 1:14-cv-02202 Document 2-1 Filed 08/07/14 USDC Colorado Page 8 of 9
THE UNDERSIGNED PARTIES enter into this Stipulation and Order in the matter of United
States v. Hunt Building Co., Ltd.
FOR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY:
DATE:
~~ ~~~
EDDIE A. SIERRA
Acting Assistant Regional Administrator
Office of Enforcement, Compliance and
Environmental Justice
U.S. Environmental Protection Agency, Region.$
1595 Wynkoop Street
Denver, Colorado 80202
OF COUNSEL:
MARGARET J.(PEGGY)LIVINGSTON
Senior Enforcement Attorney
Legal Enforcement Program
Office of Enforcement, Compliance and
Environmental Justice
U.S. Environmental Protection Agency, Region 8
1595 Wynkoop Street
Denver, Colorado 80202
Case 1:14-cv-02202 Document 2-1 Filed 08/07/14 USDC Colorado Page 9 of 9
THE UNDERSIGNED PARTIES enter into this Stipulation and Order in the matter of United
States v. Hunt Buildin.~ Co., Ltd.
FOR HUNT BUILDING COMPANY,LTD;
DATE:
~
~
K~RA HAI~CHUCK
E ecutive Vice President, General Counsel
Hunt Building Company, Ltd.
4401 North Mesa
El Paso, Texas 79902-1.107
G~
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